Judge postpones contempt hearing in Hempstead Open Meetings Law case

A state Supreme Court judge postponed a contempt hearing involving Town of Hempstead defendants and denied a motion to recuse himself Tuesday in Mineola.

Earlier this month, Judge Gary Carlton ruled that the town and eight of its officials violated New York State Open Meetings Law when John Ferretti was appointed town supervisor to replace Donald X. Clavin Jr., who resigned Aug. 5.

The contempt hearing had been scheduled for Tuesday. It arose from the town's failure to produce subpoenaed documents, and the failure of Ferretti, Town Clerk Kate Murray, Councilwoman Laura Ryder and Councilman Thomas Muscarella to appear at the earlier hearing, Oct. 8, after which Carton had ruled.

Carlton granted the postponement in response to requests from half a dozen lawyers who were retained Friday to represent most of the defendants and who said they needed time to review their clients’ cases. He set a new court date of Nov. 10 for the contempt hearing.

Joseph Scianablo, the Democratic candidate facing the Republican Ferretti in the Nov. 4 election, filed the lawsuit alleging the Open Meetings Law violation in late August.

After the proceedings Tuesday, Scianablo said the defendants were spending thousands of dollars of taxpayer money on legal fees and delaying until after Election Day.

“They've already been found guilty of violating Open Meetings Law, eroding public trust for knowingly, willfully, and wantonly breaking the law, and now they're doing everything they can to escape accountability,” Scianablo said.

Also afterward, attorney Richard Donoghue, representing Ferretti, declined to comment, stating, “We’ll do our talking in submissions and in the court.”

Town officials have declined to say how much the attorneys are being paid.

Town spokesman Brian Devine declined to comment Tuesday.

The town originally retained Steven Losquadro, of Rocky Point, to represent it and the other defendants. Following Carlton’s ruling, Losquadro sought to have Carlton recuse himself, alleging in a motion that the judge was biased against the defendants.

Carlton denied the motion and remains the judge on the case.

“Mere dissatisfaction with the ruling of the court is insufficient for a demand of recusal,” Carlton said in court Tuesday.

In his Oct. 8 ruling, Carlton said town officials had secretly communicated that Ferretti would be installed as town supervisor without notifying the public, in violation of state Open Meetings Law.

When Tuesday’s hearing began, seven attorneys sat on the left side of the courtroom, representing the town and the defendants, while Scianablo’s attorney, Joshua Kelner of Manhattan-based Kelner & Kelner Esqs., sat alone on the right side.

The defendants’ attorneys identified themselves but Carlton said he wasn’t going to hear from each of them.

Donoghue is a partner at the international law firm of Pillsbury Winthrop Shaw Pittman LLP. He is a former acting deputy U.S. attorney general.

Donoghue told the judge that the case against Ferretti should be dismissed because he was not a part of town government when the Open Meetings Law violation occurred.

Carlton said that at the time, Ferretti had been a county legislator and knew or should have known that the handling of his appointment violated the law.

Losquadro, who may be called to testify in the contempt hearing, retained Garden City attorney Matthew Didora to represent him. Foley Griffin LLP was retained to represent Murray.

Levittown-based LAH PLLC was retained to represent Muscarella. Berkman, Henoch, Peterson & Peddy PC was retained to represent Ryder.

The firm of Rosenberg Calica Birney Liebman & Ross LLP was retained to represent the town as well as Councilwoman Melissa Miller and Councilman Christopher Schneider, who are defendants but were not accused of contempt.

It’s unclear whether defendants Clavin and Councilman Dennis Dunne Sr. are represented.